Opinion
10713 10713A Ind. 2353/15 1504/16
01-07-2020
The PEOPLE of the State of New York, Respondent, v. Jarel MOORE, also Known as Malik Moore, Defendant-Appellant.
Robert S. Dean, Brooklyn, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Robert S. Dean, Brooklyn, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Friedman, J.P., Webber, Singh, Moulton, JJ
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered November 30, 2016, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of three years, and judgment, same court (Neil E. Ross, J.) rendered February 6, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a concurrent term of six years, unanimously affirmed.
Defendant's argument that his pleas should be vacated in the event this Court reverses a separate conviction has been rendered academic by our affirmance of that conviction ( 171 A.D.3d 406, 95 N.Y.S.3d 520 [1st Dept. 2019], lv denied 33 N.Y.3d 1071, 105 N.Y.S.3d 19, 129 N.E.3d 339 [2019] ).